UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF TENNESSEE

AT KNOXVILLE

LNV CORPORATION, )

)

Plaintiff, )

)

v. ) No.: 3:12-CV-468-TAV-HBG

)

CATHERINE GEBHARDT )

)

Defendant. )

INTERVENERS’ MOTION FOR JUDICIAL NOTICE OF

INFORMATION AND CRIMINAL INDICTMENT AND PLEA

AGREEMENT OF LORRAINE BROWN

Comes Now the Interveners, representing themselves, pursuant to Rule 201 Judicial Notice of

Adjudicative Facts hereby requests this Court take Judicial Notice of the documents described

herein and in support states as follows:

1. THE INTERVENERS move this Court to take judicial notice of:

Information regarding Lorraine Brown, United States of America v. Lorraine Brown,

Case No. 3:12-cr-198-J-25 MCR, (M.D. Fla.) (attached hereto as “Exhibit A.)

Plea Agreement of Lorraine Brown, United States of America v. Lorraine Brown, Case

No. 3:12-cr-198-J-25 MCR, (M.D. Fla.) (attached hereto as “Exhibit B.)

2. Under Federal Rule of Evidence 201 the court may judicially notice a fact that is not

subject to reasonable dispute because it: (1) is generally known within the trial court’s

territorial jurisdiction; or (2) can be accurately and readily determined from sources

whose accuracy cannot reasonably be questioned. The Court may take judicial notice of

records of any court of record of the United States.

3. On November 20, 2012, Lorraine Brown, a former executive of Lender Processing

Services, Inc. (LPS) and DocX LLC, a LPS company, pleaded guilty to conspiracy to

commit mail and wire fraud.

4. In mid-2005, Jacksonville, Florida based Fidelity National Financial, Inc. (FNF)

purchased DocX from Brown and her partners. Through corporate reorganizations within

FNF, DocX later fell under ownership of Fidelity National Information Services, Inc.

(FNIS). In mid-2008, FNIS spun off a number of business lines into a new publicly-

traded entity, Lender Processing Services, Inc (LPS) based in Jacksonville, Florida. At

that time, DocX was re-branded as “LPS Document Solutions, a Division of LPS.”

Following the spin-off, Brown was the President and Senior Managing Director of LPS

Document Solutions. At all times relevant to this Information, Brown was the chief

executive of the DocX / LPS operations.

5. THE INTERVENERS move this Court to take Judicial Notice of Brown’s information

and Plea Agreement because the documents confirm that LPS employees engaged in a

massive fraud scheme in the preparation of hundreds of thousands of mortgage-related

documents, including Mortgage Assignments, and Mortgage Allonges and GEBHARDT

contends that the Mortgage Assignments and Mortgage Allonges prepared and filed by

LPS in her case, bearing the purported signatures of Gyana Yeager, Christine Renner,

Alissa M. Shellito, Betty Wright, Diane M. Meistad, are such fraudulent mortgage

assignments.

6. By way of background, LPS was hired by residential mortgage services to (among other

things) assist in creating and executing mortgage-related documents filed with recorders’

offices across the country.

7. At the direction of Brown and other co-conspirators, employees of LPS, including those

who were not authorized to sign documents and temporary workers hired to sign

documents without quality control and without legally required knowledge specific to the

Mortgages for which the documents were prepared, began forging and falsifying

signatures of the mortgage-related documents that they had been hired to prepare and file

with property recorders’ offices.

8. After these documents were falsely signed and falsely notarized, Brown and her co-

conspirators authorized LPS employees to file and record with property recorders’ offices

across the country.

9. Many of LPS’s temporary employees signed thousands of mortgage assignments each

day, often signing the names of other persons on the Mortgage Assignments that would

then be witnessed and notarized. These employees often signed as officers of banks and

mortgage companies. The employees signed without reading the documents or in any

way ascertaining the truth of the matter presented therein, including the grantor, grantee,

and the date of the purported transfer.

10. Many of the documents, including mortgage assignments and lost note affidavits, were

later relied upon in court proceedings including foreclosure proceedings and federal

bankruptcy actions.

11. Brown admitted that she and others took various steps to conceal their actions from law

enforcement authorities and others. These steps to conceal included testing new

employees to ensure they could mimic [forge] signatures.

12. The documents attached hereto as Exhibits “A” and “B” may be accessed online from

PACER under United States of America v. Lorraine Brown, Criminal Docket # 3:12-cr-

00198-HLA-MCR-1.

13. Timely written notice of this request is hereby given by email and postal mail service

upon Plaintiff’s counsel as required by law.

WHEREFORE, pursuant to Federal Rule of Evidence 201 THE INTERVENERS move

this Court to take Judicial Notice of the Information and Plea Agreement of Lorraine

Brown United States of America v. Lorraine Brown, Case No. 3:12-cr-198-J-25 MCR,

(M.D. Fla.) without hearing, and for such other and further relief as this Court deems just

and proper under the circumstances.

RESPECTFULLY SUBMITTED on this _____ day of May, 2014

_________________________________

DENISE SUBRAMANIAM as Representative for THE INTERVENERS

CERTIFICATE OF SERVICE

The undersigned hereby certifies that the copy of the foregoing motion of the Interveners

has been forwarded by regular U.S. Mail upon the following:

Ronald G. Steen Jr. and

Kevin P. Hartley

STITES & HARBISON, PLLC

Sun Trust Plaza

401 Commerce Street

Suite 800

Nashville, Tennessee, 37219

SUBMITTED on this _____ day of May, 2014

_________________________________

DENISE SUBRAMANIAM as Representative for the THE INTERVENERS